Foster v Smith
| Jurisdiction | England & Wales |
| Judgment Date | 23 February 1843 |
| Date | 23 February 1843 |
| Court | High Court of Chancery |
English Reports Citation: 63 E.R. 84
HIGH COURT OF CHANCERY
Reversed, 1 Ph. 629; 41 E. R. 772 (with note, to which add, In re Tucker [1893], 2 Ch. 329).
[193] foster v. smith, m 23, 1843. [Eeversed, 1 Ph. 629; 41 E. R. 772 (with note, to which add, In re Tucker [1893], 2Ch. 329).] Testator devised and bequeathed his freehold and leasehold estates to trustees, upon trust to receive the rents and profits thereof, when and as the same should become due and payable, and thereout to pay to his wife, if she should survive him, an annuity of 200 during the term of her life, to be paid by four equal quarterly payments, &c., and from and immediately after the decease of Ms said wife, upon 2 Y. & C. C. C. 194. FOSTER 1\ i SMITH 8 5 trust that the trustees should; convey and assure the said freehold and leasehold premises unto his, the testator's, three sisters as tenants in common, their heirs, executors, administrators and assigns. .The rents and profits being insufficient for payment of the annuity: Held, that the arrears due at the widow's death were chargeable on the corpus of the estates. '..' John Bloomfield, by his will, dated the 1st January 1823, gave, devised and bequeathed all that his freehold estate at Chelmsford, and all those his leasehold messuages or tenements and premises situate at Walworth, Kensington, and in the City of London, with the appurtenances thereto respectively belonging, unto Thomas Smith and Thomas Reynolds and the survivor of them, and the heirs, executors and administrators of such survivor, according to the nature and quality of the said estates, upon the trusts following:-{194] that is to say, upon trust to receive the rents, issues and profits of all and singular his said freehold and leasehold estates, when and as the same should become due and payable, and thereout to pay unto his said wife if she should survive him. one clear annuity or annual sum of JS200 of lawful money of Great Britain for and during the term of her natural life, to and for her own sole and separate use, and not to be subject to the debts, control or engagements of any future husband she might intermarry with, and her receipts alone, notwithstanding her coverture, to be good and effectual discharges to his said trustees for the same, the said annuity to be paid by four equal quarterly payments in the year, that is to say, on Lady Day, Midsummer Day, Michaelmas Day and Christmas Day, without any deduction or abatement whatsoever for or by reason of any present or future taxes, charges...
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